Real Estate Legal Update — commercial rent arrears recovery and private nuisance

For centuries, landlords troubled by defaulting tenants have been able to resort to the common law remedy of distress. This enables landlords to enter the premises and to seize and sell the tenant’s goods in order to recover the sums owed. Landlords have valued this remedy as a quick and efficient enforcement method since at least 1215, when it was first enshrined as article 61 of the Magna Carta.

From 6 April this year, this remedy will cease to exist. In its place, we have commercial rent arrears recovery (CRAR), a procedure that was introduced by the Tribunals Courts and Enforcement Act 2007 but is only now coming into force.

CRAR differs from distress in a number of essential respects…

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